The differences among the beginning of the proportionality, and the beginning of the adaptation and of the practical agreement or harmonization
Journal: Revista Direito e Dialogicidade (Vol.1, No. 1)Publication Date: 2010-12-31
Authors : MELO; JOSÉ PATRÍCIO PEREIRA;
Page : 1-17
Keywords : Constitution. Beginnings of Constitutional Interpretation. Beginning of the Proportionality. Beginning of the Practical Agreement and of the Harmonization.;
Abstract
The new directions of the modern constitucionalismo, guided by the study of the rights and fundamental warranties, they allow to know and to use in the practical plan the beginnings and values to them related in the search of turning them effective. There was, therefore, an impact of those new theories in the form of interpreting the constitutional and infra-constitutional norms, to the point of to elaborate new criteria for interpretation of the constitution to the light of those rights, warranties and values. The study of the beginnings of the constitutional interpretation, with emphasis in the differences between beginning of the proportionality and the beginning of the adaptation and of the practical agreement or of the harmonization, he/she allowed to see in the first case the control need between the means and the ends, to avoid the excesses, while in the second case, the optimization is looked for in the use of the beginnings in conflicts. In fact, the conflicts among the norms are that you/they did necessary a theory to interpret them appropriately.
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